(A) Unless otherwise provided, violation of this chapter is a petty misdemeanor and is punishable by a fine of up to $500 and/or up to 90 days in jail for each offense. Each day the violation is allowed to continue may be considered a separate offense.
(2) If the officer issuing the citation determines that this is a first offense for violations of §§ 155.001
through 155.008
and §§ 155.025
through 155.037
, they will issue a citation and offer the violator the option of pleading guilty and accepting a penalty assessment, which carries a fine of $100 plus court cost. Any second or subsequent violations will require that the violator be cited into the Municipal Court of the City of Elephant Butte.
(3) Acceptance of Penalty Assessment.
(a) If the alleged violator accepts the penalty assessment, his payments of penalty assessments must be received in the City of Elephant Butte Office within 30 days from the date of citation.
(b) The court shall have discretion to impose any penalties up to the maximum permitted by state law upon an alleged violator who is convicted of the offense charged.
(C) Appearance. Any person charged with additional violations of §§ 155.001 through 155.008 and §§ 155.025
through 155.037
shall be served with a citation requiring the alleged violator to appear before the Municipal Court at a date and time stated in the citation. The citation may be served by mail or in person. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section.
(Ord. 87, passed 11-2-2005; Am. Ord. 94, passed 8-3-2006)